Best Guest Partner Program Terms for Listing Portals
These terms govern the partner affiliate program of the Best Guest service operated by Hotel Analytics s.r.o., Company ID 06723756, VAT ID CZ06723756, registered office at Krakovská 582/23, 110 00 Prague 1, entered in the Commercial Register maintained by the Municipal Court in Prague, File No. C 287868/MSPH (the “Provider”).
The program is intended for businesses that operate an accommodation listing portal, booking platform or similar service on which hosts publish accommodation listings, and that refer hosts to the Best Guest service in exchange for a reward (the “Program”).
These terms form part of the written partner agreement concluded between the Provider and the partner (the “Partner Agreement”). In the event of a conflict, the Partner Agreement prevails.
1. Definitions
1.1. The Partner is a business that has concluded a Partner Agreement with the Provider.
1.2. The Partner Portal is the Partner’s website, application or other service identified in the Partner Agreement.
1.3. The Partner Link is a link to the Best Guest website or application containing the Partner’s unique identifier, or a co-branded landing page created by the Provider.
1.4. A Host is a customer of the Best Guest service.
1.5. A Listing is an individual accommodation unit created by a Host in the Best Guest service, in particular an apartment, room, cottage or similar unit.
1.6. A Referred Listing is a Listing attributed to the Partner under these terms. The reward is always calculated per individual Listing, never automatically for the Host’s whole account.
1.7. An Eligible Payment is the amount actually paid by a Host to the Provider for the Best Guest service in the portion attributable to a Referred Listing, excluding value added tax, net of discounts and credits. It does not include unpaid, partly paid, refunded, cancelled or charged-back payments.
2. Participation in the Program and the Partner’s position
2.1. Participation in the Program commences upon conclusion of the Partner Agreement. The Provider is not obliged to conclude a Partner Agreement with every applicant.
2.2. The Partner declares that it is a business and concludes the Partner Agreement in the course of its business. Provisions on consumer contracts do not apply to the relationship between the parties.
2.3. The Partner acts in its own name, for its own account and at its own responsibility. The Partner is not the Provider’s commercial agent and is not authorized to conclude contracts, make representations, assume obligations or accept payments in the Provider’s name.
2.4. The Partner has no obligation to actively promote Best Guest, to achieve a certain number of referrals or to carry out any minimum activity. If it does promote the service, however, it must comply with these terms.
2.5. A contract for use of Best Guest is concluded exclusively between the Provider and the Host. The Partner is not liable for Hosts’ payments or conduct towards the Provider.
2.6. The Partner declares that it is entitled to operate the Partner Portal and to place on it the Partner Link, the Best Guest marks and related content without infringing the rights of third parties or the rules of the platforms it uses.
2.7. Exclusive promotion in compliance services. For the term of the Partner Agreement, the Partner undertakes not to actively promote, recommend or commercially favour, on the Partner Portal or in its communication with hosts, any other provider of software or services whose main purpose is the digitisation or automation of hosts’ statutory obligations, in particular guest registration, the house book, reporting to the foreigners’ police, local fees or related regulatory administration (a “Competing Compliance Service”).
This undertaking does not apply to general booking systems, channel managers, payment services, accounting software or other tools whose main purpose is not the fulfilment of hosts’ statutory obligations. The Partner Agreement may specify the scope of exclusivity further. A neutral technical integration, a general list of tools without commercial preference, or a mention required by law is not active promotion, provided it does not amount to a recommendation of a Competing Compliance Service.
This does not affect the Provider’s right to conclude partner agreements with other partners, unless expressly agreed otherwise in the Partner Agreement.
3. Attribution of a referred listing
3.1. A Host’s registration is attributed to the Partner whose Partner Link was the last one used before the registration, provided the registration takes place within 30 days of the use of the link.
3.2. The use of the Partner Link is decided by the Provider’s records. If a record is not created or is lost, the registration is not attributed to the Partner unless the Partner credibly evidences the use of the Partner Link and the subsequent registration.
3.3. A registration is not attributed to the Partner if the Host:
a) is a current customer of the Provider or was its customer within the last 12 months,
b) is the same person as the Partner or a person connected to the Partner,
c) was a person with whom the Provider individually discussed the use of the Best Guest service within the last 6 months.
3.4. A Listing becomes a Referred Listing if:
a) the Host’s registration was attributed to the Partner,
b) the Listing is published on the Partner Portal,
c) the Host designates the Partner Portal when creating the Listing or within 30 days afterwards,
d) the Provider approves the attribution.
3.5. The Provider may decline or end an attribution in particular where the publication of the Listing on the Partner Portal cannot be verified, the information is untrue, the link does not work or the Listing is a duplicate.
3.6. Listings created in the Best Guest service before the use of the Partner Link are not attributed to the Partner. Attribution does not operate retroactively.
3.7. A single Listing may be attributed to at most one Partner. A single registration may be attributed to at most one partner or one referrer under another program of the Provider.
3.8. The attribution lasts for as long as the Listing is kept in the Best Guest service by the same Host and until it ends under these terms or the Partner Agreement.
4. Reward
4.1. The Partner is entitled to a reward of 15% of the Eligible Payment attributable to a Referred Listing.
4.2. The reward arises only from payments that the Host actually makes to the Provider in full during the term of the Partner Agreement.
4.3. For a subscription, the amount attributable to a Referred Listing is determined pro rata according to the number of Listings included in the invoice. For payments per form, it is determined by the forms created for stays in the Referred Listing.
4.4. Discounts, credits and coupons applied at the level of the whole invoice are apportioned pro rata.
4.5. Eligible Payments do not include one-off services outside the price list, goods, amounts the Provider merely collects or passes on, in particular local fees, or payments settled using credit from another referral program.
4.6. If a payment is later refunded, cancelled or charged back, the reward based on it lapses. The Provider may deduct a reward already paid out in the next statement or request its return.
4.7. No entitlement to a reward arises, or an entitlement lapses, if the Partner obtained the attribution through untrue information, circumvention of the Program, abuse of the Program or a material breach of these terms.
5. Statements and payout
5.1. The statement period is the calendar month.
5.2. The Provider issues the Partner a statement within 15 days after the end of the month. The statement lists the Referred Listings, at least by their internal identifier, the Eligible Payments and the reward arising from them.
5.3. The statement does not contain the Host’s name, contact details or address unless this is necessary to resolve an objection or to verify the statement.
5.4. The Partner may object to a statement within 30 days of its delivery. If it does not object in time, the statement is deemed approved; hidden errors may be raised no later than within 12 months.
5.5. After a statement is approved, the Partner issues the Provider an invoice payable within 30 days.
5.6. The reward is paid out once the unpaid balance reaches at least CZK 1,000 or EUR 40. A lower balance is carried over to the next period and is paid out no later than for December or after the Partner Agreement ends.
5.7. The reward arises in the currency in which the Host made the payment. In the Partner Agreement, the Partner chooses the settlement currency, CZK or EUR. Amounts in another currency are converted at the Czech National Bank exchange rate for the last day of the statement period.
5.8. The Provider may delay payout by up to 60 days if it is reasonably investigating a possible abuse of the Program or a breach of these terms.
6. Promotion rules
6.1. The Partner may promote the Best Guest service on the Partner Portal, in its communication channels and in communication with Hosts, provided that it does not thereby breach the law, the rules of platforms or the rights of third parties.
6.2. The Partner is responsible for its promotion complying in particular with the law on commercial communications, data protection, consumer protection, the regulation of advertising, unfair competition and intellectual property rights.
6.3. The Partner must not, in particular:
a) send the Partner Link by email, SMS, push notification or another electronic message in breach of the rules on commercial communications,
b) contact persons who have refused further commercial communications,
c) impersonate the Provider or its employees,
d) make untrue or misleading statements about the Best Guest service,
e) claim that Best Guest relieves Hosts of responsibility for fulfilling their statutory obligations,
f) use the “Best Guest” mark in paid keyword advertising or in domain names without the Provider’s consent,
g) publish the Partner Link on discount, coupon or cashback aggregators,
h) offer Hosts part of the reward or another incentive without the Provider’s consent,
i) pass personal data to the Provider without a legal basis,
j) cause the Partner Link to be used without a conscious action by the user, in particular through automatic redirects, hidden frames or pop-up windows,
k) involve sub-affiliate networks without the Provider’s prior consent.
6.4. When recommending the Best Guest service, the Partner must clearly state that it is a paid partnership. It is sufficient, for example, to use the label “Placená spolupráce” (Paid partnership) or the sentence “Za doporučení služby Best Guest dostáváme odměnu.” (We receive a reward for recommending Best Guest.)
6.5. The Provider may give the Partner texts, graphics or other content for promotion. Unless agreed otherwise, the Partner may use them only in unaltered form.
7. Use of marks
7.1. For the term of the Partner Agreement, the Provider grants the Partner a non-exclusive, non-transferable, royalty-free licence to use the Best Guest name and logo solely to promote the service under these terms.
7.2. The Partner must not alter the Best Guest marks or use them in a manner that could damage the Provider’s reputation.
7.3. For the term of the Partner Agreement, the Partner grants the Provider a non-exclusive, royalty-free licence to use the Partner Portal’s name and logo on the co-branded landing page, in the list of partners and in related materials.
8. Taxes and VAT
8.1. The reward is the Partner’s income from its business activity. Each party is responsible for its own tax and levy obligations.
8.2. The Provider is not a VAT payer; it is an identified person for VAT purposes.
8.3. The reward is agreed exclusive of VAT. Where the Partner is a VAT payer in the Czech Republic, it states VAT on the invoice in accordance with the law and the Provider pays it, unless the Provider is itself obliged to account for the tax.
8.4. Where the Partner is not established in the Czech Republic, VAT is applied under the rules on the place of supply and any reverse charge. The Partner provides the Provider with the information needed for a correct tax assessment.
8.5. Where the Provider is obliged by law or by an international treaty to withhold or secure tax from the reward, it reduces the amount paid by the tax concerned and issues the Partner a confirmation. The Partner provides the documents needed to apply a reduced rate or an exemption.
9. Data protection and tracking
9.1. The Partner does not pass Hosts’ personal data to the Provider unless this is necessary to resolve an objection or to verify a statement, or has been expressly agreed in the Partner Agreement.
9.2. Each party is an independent controller of the personal data it processes in connection with the Program.
9.3. The Provider processes the personal data of the Partner or its contact persons in particular for the purpose of concluding, performing and administering the Partner Agreement, statements, communication and compliance with legal obligations.
9.4. The Provider may record the use of the Partner Link by storing the Partner’s identifier and the time the link was used in the visitor’s browser. Such storage takes place only where it complies with the law on storing information in the user’s terminal equipment. Where the law requires consent, the information is stored only once consent has been given.
9.5. If the record under §9.4 is not stored or is later lost, the registration is not attributed to the Partner unless the Partner evidences in another way that the conditions for attribution are met.
9.6. Details of the processing of personal data and the use of cookies or similar technologies are set out in the Provider’s privacy and cookie policy.
10. Confidentiality
10.1. The Partner Agreement, statements, the amount of rewards paid, the numbers of Referred Listings and non-public information obtained in connection with the Program are confidential.
10.2. Confidentiality does not extend to the fact that the Partner is the Provider’s partner, nor to the publicly stated reward rate.
10.3. The confidentiality obligation continues for 3 years after the end of the Partner Agreement.
10.4. Exceptions to confidentiality. The confidentiality obligation does not prevent a party from disclosing confidential information, to the extent necessary, to its employees, accountants, tax advisers, attorneys, auditors, investors, prospective acquirers of its business or part of it, financing parties and other professional advisers, provided they are bound by a statutory or contractual duty of confidentiality. Nor does it prevent disclosure where required by law, by a decision of a public authority or by a court.
11. Liability
11.1. The Provider does not guarantee that any Host will register via the Partner Link, nor that Hosts will use the Best Guest service for any period.
11.2. To the extent permitted by law, neither party is liable to the other for lost profit or for indirect or consequential loss.
11.3. To the extent permitted by law, the Provider’s total liability to the Partner is limited to an amount equal to the reward paid to the Partner in the 12 months preceding the loss, but no less than CZK 50,000.
11.4. The limitation of liability does not apply to loss caused intentionally or by gross negligence, to harm caused to a natural person’s inherent rights, to a weaker party’s right to compensation for loss, or to the obligation to pay a reward that has been earned.
12. Term and termination
12.1. The Partner Agreement is concluded for an indefinite period.
12.2. Either party may terminate it without cause on 3 months’ notice, running from the first day of the month following delivery of the notice.
12.3. Either party may terminate the Partner Agreement with immediate effect if the other party materially breaches its obligations and fails to remedy the breach within 30 days of a written request. No request is required if the breach cannot be remedied or the conduct is an abuse of the Program. A breach of the exclusive-promotion obligation under §2.7, a breach of the promotion rules under §6 or an abuse of the Program is, in particular, deemed a material breach of the Partner Agreement.
12.4. When the Partner Agreement ends, the attribution of all of the Partner’s Referred Listings ends. A reward arises only from Eligible Payments made no later than on the day the Partner Agreement ends.
12.5. After the Partner Agreement ends, the Provider issues a final statement and pays out the unpaid balance regardless of its amount. Within 30 days, the Partner removes the Partner Link and the Best Guest marks from the sites and materials under its control.
12.6. The end of the Partner Agreement does not entitle either party to severance, a settlement or other compensation, unless such a claim cannot be excluded under mandatory provisions of law.
13. Changes to the Program
13.1. The Provider may reasonably change these terms. It notifies the Partner of a change by email at least 30 days before it takes effect.
13.2. A change to the reward rate or to the conditions for earning a reward does not affect Referred Listings attributed before the change takes effect, unless the change is more favourable to the Partner.
13.3. A Partner who disagrees with a change may terminate the Partner Agreement as of the day the change takes effect. If it does not terminate it by that day, the change is deemed accepted.
13.4. The Provider may end the Program by giving at least 90 days’ notice. Ending the Program is deemed a termination of all Partner Agreements by the Provider.
14. Final provisions
14.1. These terms, the Partner Agreement and the legal relationships arising from them are governed by the law of the Czech Republic.
14.2. Disputes are decided by the courts of the Czech Republic; the court with local jurisdiction is the court of the Provider’s registered office.
14.3. Ordinary notices are sent by email to the contacts stated in the Partner Agreement. A termination, a request to remedy a breach and a notice of the end of the Program are sent by email and at the same time by data box or registered letter, unless the other party confirms receipt by email.
14.4. The Partner may not assign the Partner Agreement or receivables under it without the Provider’s prior written consent. The Provider may assign them to its legal successor or to an acquirer of the business, or part of it, of which the Best Guest service forms part.
14.5. If any provision of these terms is invalid or ineffective, this does not affect the remaining provisions.
14.6. These terms may be prepared in more than one language version. Unless the Partner Agreement provides otherwise, the Czech version is authoritative.
14.7. These terms take effect on October 17, 2026.